Trading terms and conditions of Endless Reference

These terms and conditions regulate the business relationship between you and Endless Reference, operator of www.endlessreference. com. By using Our website in any way, or by buying from us, you agree to be bound by and accept the terms and conditions of this agreement.

Endless Reference may change these terms of use and any other guidelines and rules posted on Our website from time to time. Your continued access or use of the site constitutes your acceptance of such changes. Your access and use of Our website will be subject to the current version of the terms and conditions posted on the site at the time of such use. If you breech the terms and conditions of use, your license to access or use our website shall automatically terminate.

No person under the age of 18 years may purchase Product. We may require proof that You are at least 18 years of age. If You are a minor, You can access the Service only by having Your parent or legal guardian register on Your behalf. By doing so, the parent or legal guardian authorizes You to use the Services and agrees to be bound personally by these Terms and Conditions.

We are:

Endless Reference

Our address is: Gregory Hills, NSW Australia 2557

You are: a visitor to Our Website / our customer

The terms and conditions

1 Definitions

In this agreement:

“Consumer”
means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;

“Content”
means any material in any form published on Our Website by us or any third party with our consent.

“EULA”
means end user licence agreement, the licence contained in this document which permits you to use the Product.

“Our Website”
means the entire computing hardware and software installation that is or supports Our Website.

“Product”
means ‘media reference files’, any video / audio file, movie file or other visual representation of any format that are owned by Endless Reference that we offer for sale on our Website.

“Animation Reference Library Zip file” or “zip file”
means the product which you have paid for a licence to use the product.

Site Content and Restrictions

Our website contains Media Reference Files that may only be used for reference by the consumer for the purpose of:

a) Motion Reference for Art and Animation b) 2D and 3D art
c) Tracking and Rotoscoping
d) Video or computer game production

e) Stopmotion

The Media Reference files may not under any circumstances be used in a way that would defame, malign, slander, asperse, libel, or vilify the persons, property, countries, races, customs, cultures, religions, governments, or military visible on the Media Reference Files.

The Media Reference Files may not under any circumstances be used in or in conjunction with, or as a part of pornographic, obscene, fraudulent, libelous, infringing, or illegal material.

Our contract with you

When you buy a zip file, you are in fact buying a licence to use the Product subject to the terms of the EULA contained in this agreement. These are the terms and conditions which apply to our sale to you of that license. They apply so far as the context allows, to you as a visitor to Our Website; and in any event to you as a buyer or prospective buyer of our Product.

You may purchase Media Reference files from Our website after entering your email address and accepting these Terms and Conditions. Content may be purchased online via Visa, Mastercard or Amex or paypal. The price of the Content You purchase will be the price specified on the Website at the time of purchase.

The License (EULA)

Subject to the terms of this agreement, we grant to you a limited license to use the Product for your personal or business use. The license is non-exclusive, non-transferable and royalty free.

You may not copy the Product except for the purpose of system maintenance, nor may you transfer it nor allow any other person to use it.

Your account with us

You agree that you have provided, up to date, and complete information about yourself. We need this information to provide you with the Product.

Price, payment and product provision

Payments are non-refundable. If there is an exception to this rule, a transaction fee will be charged subject to cost involved as a result of transaction.

You may not share or allow others to use the Product in your name.

Cancellation of order

If you bought the Product as a Consumer, you may cancel your order for the Product at any time before the expiry of 7 working days from the date of order, not including the day you ordered. Because the Product is available to you, and can be copied by you on delivery, you have no statutory right to cancellation once you have received the Product.

Foreign taxes, duties and import restrictions

If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.

Disclaimers

We may make improvements or changes to Our Website, the Content, or to any of the Product, at any time and without advance notice. We give no warranty and make no representation, express or implied, as to:

a) the adequacy or appropriateness of the Product for your purpose;
b) The use of, or results of the use of the Product or its compatibility with your equipment, software or telecommunications connection; c) compliance with any law;
d) non-infringement of any right.

We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of our Product.

In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

Confidential Information and Intellectual Property Rights

We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

System Security

You may not use any software tool for the purpose of extracting data from our website.

You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Indemnity

You agree to indemnify us against any claim, demand, liability, losses or costs and expenses including reasonable legal fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

Miscellaneous provisions

When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.